The Sun. — London, England, 1810-03-24 00:00:00

S i.l AT ASSIZES. MAIDSTONE, MARCH 2.2. BENJAMINi V. ROUSE AND OTHERS. Mr, GARRO* stated, that this was an anion to - recover. a compensation in damages ,for art assault and false,. imprisonment, under circumstances_ the most infambuS'le, ever recolle6ted .to have heard. The plaintiff was a minor, a young' girl under 18 years of age, who sued in the name of her father as her prochat:n- 'is - the law - termed it. The defendant Was-aQinStable of the city of Rochester, where then plaintiff's father lived in a very teseeci able re,e of life, Carrying on the trade . of - aslopseller.. T the month of SePterriber, " lastyear, there was a fair at Stroud, in the neighbohrhood . of Chatham, which was moth frequented by all the inhabitants &Allow places. The plaintiff, incompany with her la ther and mother, went to the fair, as many of their neighbours also did. It happened, as was not unlil:e ly to - happen in such a place, that by the pressure 'of the crowd, .the- plaintiff 'got separated from her lather and mother, and not being able to find them, .she made the best of her way home.. She found • her father and mother had tot come home, and therefore she waited patiently against their door until4hey should arrive. -While - she - was in this si tuation, 'she was addresed by the apprentice boy of 'Roust, who impertinently solicited her to go with - him. She gave him a‘properreply, upon which proceeded - to 'take some more liberties with her, which she resented. In the mean time the defend -ant, -RotiSt, came up, :and - he was sorry to say, in stead of-correcting the insolence of his apprentice 'towards a deWneelcss yeutig woman, he actually dragied her front- her father's door to the cage, undes -pretence .that she was -a common prostitute, and had assaolted.his apprentice. When Benjamin, the father, came home;.. he learned what had hoinened to his daughter, and endeavoured to. procure - her _enlargemetit•; but all •his intreaties proved in vain, and' she Vvas 'detained ,the whole that night in - custody. Having the next day procured her liberation, -he expressed his - determination, of seeking redress by law, and he :accordingly • brought an action for- the injury his edaughter had. sustained..,, Gress and grievous ai the .wrong done to hint was already, it was nothing. 'to Nv-hat followed, for the. defendant. boasted he could .easily get rid.of the Jew's chaege, and accordingly went :before a .Magistrate, and swore to an assault apiost all iiitee, father, mother, and daughter, and as the ramify was qtnetly sitting in their. house, se veral; soldiers, .with their bayonets fixed, • were Marched' in, and the whole family compelled, at the poinr of the bayonet, to go again to the cage, where they were confined in • a ,filthy dungeon under gleund. This. being on the Friday, the l';ain ,titf, as a Jew, ; could not by his religion :take any steps ror his liberation_ on .the Saturday, being. Its ',-Sabbath, and On .Sunday no Magistrate was sitting .t 6 -hear his complaint. While 'in this situation he begged a little indulgence; but not so* much as a drop vf .Aater would they in him or his family -.hay% unless as a condition he procniselllo abandon . th e gelioli wiiicb he had brought against the defen- _ . dant. , Oil the Sunday evening he promised to. ac- eerie in 'belle:terms ; - but having received ,a little re freshinein, he b:und iiiti spirits recover ; and when it was poposed that. he should sign a .release, he sold " No •I will wait now until I can go before a Magistiate in the morning, who will do - what is right;" he accordingly , remained, with his family, in , custody until. the Monday,- when he was dis- clorged. . Air. GAitnow said he muStadd, that the defen dants preferred a B;11 tar an assault at the Sesson against all the family, so that there were none to contra diet their testimony, and it was true they were found guilty ; but the Court were so little satisfied with the verdict, that they merely inflicted% nomi- nal pilniShment by fining them One Shilling. He shoed see whether they would on the present-occa sion, attempt to setup the same defence. The plaintiff was about to call his witnesses, •When_it appeared lie had given 110 notice of action, Which the defendant as a Constable, was entitled to, and the Chief 11;n-on held this omission to be fatal, and the plant& was Nonsuited. eui fleinagin was Charged with robbing Mary 'Bar o:, the highway, at Woolwich, of a bundle of 'clOaths. It rip, eared, that another crime, rather than robbety, was in the contemplation of the prisoner, and he was therefore-acquitted. The same prisoper was again indicted for an as sault, with au • inien t to commit a rape &pan the last-mentioned prosecutrix. The prosecutrix had itirprutiently .given her company on the toad, to the _prisoner, on the, evening in question, although she badnever seen_ him before.—Guilty. _ Imprison ment °lie year. . . CROWN SIDE. Mary King was indi&ed for the murder of her *male illegitimate child. There being no proof that the child was born alive, she was ac!ituitted. • James Budds was charged with a rape upon 'an infant of nine years of -age. From the' simplicity of the child, ttte capital part of the ciiaige 'could not be substantiated. He was ant/tiara of the inisdemeauour, and sentenced to two years' impri sonment. . . _ Bat ler Tickner was indi&ed for stealing a sheep in - the parish of Maidstone; there was no count for killing the sheep, and there being no proof of, the she evhaving been taken off the 'premises the prosecutor, by the direttion of the Learned' Judge, HEATH, he was acquitUd. Ja►uuel free was charged with burglary in the .house io Mr. Crawte, at Boxley, on the 16th day, of June. The prisoner, in consequence of one of his co mpanions being apprehended for another crime, confessed-this charge, from a fear of the other's im peaching him; but from the confession (the whole ,of it beipg necessary to he taken) it. appeared that 1 ., i , e . b6 „„ was no t burglariously entered. _ - Guilty of stealing to the atnount of 39c. in a :1 .ehin.-liclusg•-r-Transi;orted for seven years, .4111ERICAN PAPERS. Sfi IP NEWS: GRAVASZND,' MARCH 21. Sailed,—the British Union, Rotx;on, for St. John's ; Vic tory, Stcrting, - tor Dublin ; Britannia, Mitchell, for Trini ; Deaniiss,_ for Surinam ; and the Bird, Prin. gi4., for Qn-ebec.:. . 1..011 1)0N : Printed by RI C lI•ARD HARRIS, ot No. 4, Martiert.court, Bo\v-street ;• and Pi:lashed by WI I.1„1AM .ARMIC E SCR! PPS, Synth Moltprn.street; Grosvenor rquarei At the SUN OFFICE, No. 112, Strand; where Advertisements, Orderi for tilt !'it/per, Letters for the Editor,. tkc, (ppst-Intia), mast be - addressed : . WASHINGTON, FEB. p ARNIE!) CoNvoys.—"- Mr. Burwell i of a C6M mittee on the subjed, reported.a Bill, authorizing; and requiring the PreSident to order the Na%y•of the United States to convoy all ships loaded with produce the growth of America, to any port whet - 6 Orders and Decrees are not in force against,Ame rican Comtnerce';' that search is to be allowed for enemy's property. and contraband goods, by na -riaial vessels ; but' the search by privateers and letters of !barque to be resisted. They are also to resist the capture of any vessel which has not ene my's property or _contraband goods _on board.— The Bill also permits merchantmen to arm on the, same conditions, and 'to give bonds. Read twice; and referred to aCommittee of, the whole." • . `` MONDAY, FEB.- 12., "‘ '" Mr. Bur - well's Regolution for arming ruer 7 chant vessels, was not taken. up this day, as:es peeled. It will probably . be ' dandled abort until the Cabinet - can ascertain how it. is relished by the people. " Mr. Macon's Bill sleeps in the Senate." THE STATE LEGISLATU The 'particular at= tent ion of the Legislatr!re has, fora few days past, been occupied by the discrission of theprinciples of the Report on our. National Difficulties, submitted to their . consideration on Thursday the.l.sth instant. This subjeet was debated at considerable length, and resumed on Friday, and finally dezided - at mid night, in favour of. the Resolutions:•hy the unex petted majority ,f one hundred and nine. W. 9 are precluded, for want of robm, from inserting the yeas and nays on this highly interesting question ; but the decision evinces; very clearly, that. the argu ments of the Federal:sts, who p,urtrayedo the la. , mentable pidure of our country's: danger in the most vivid colours, had a powerful influence upon the minds cif some of the Republicans. By uniting with the Federalists, in order to avert, if it is . not _ yet too late, a-war with Great Britain, they deserve not only -the thanks and uppbtuses of their COristi tuents, but the approbation of•the whole Nation. " Yeas " Nays "- Majority 2 54 ►4; -1c9." RESOLUTIONS OF THE LEGISLATURE OF MASSA-- CIiVSETTS. " Whereas FRANCIS JAMES JACKSON, Minister Plenipotentiary from the Court of Great ,Britain, .having full powers to negociate and conclude a treaty for the amicable adjustment of the controver sies unhappily.subsisting between the United States and that . nation, after being duly accredited by the Executive of the United States, has been suspended from the exercise of his functions, for some eXpres•- slant contained in his correspondence with the Go vernment of the United States, which are alleged. to be derogatory to the honotir and veracity of the Ex -ecutive Government. And the Legishuures of some' :of our sister States having declared their assent to the construdion given to the said correspondence, and their approbation - of the dismissal of the said British •Mtnister.—And the Legislature of Massa chusetts having , examined the said correspondence, and being unable to discern in 'it any passage 'or words,,which in their judgment can be fairly con strued to convey disrespectful and offensive imputa tion—And whereas the. doings of the said Legisla tures, combined with the Resolutions of Congress; have a tendency . to widen the breach already'exist ing, and to remove still farther the prosped of ac commodation—And.w.hereas this Legislature, while they are - always ready, at whatever hazard, to ern , bark in a just and necessary war, and to support the National Government with the whole force and le sources of the State, are nevertheless persuaded, that no just cause exists for a rupture with Great Britain, and that its effects, detrimental to both .na tions, would tend to the impoverishment of this Commonwealth, to the destruction of its commerce, and to the aggrandizement of a power, already for midable to the liberties of mankind—And whereas we deem it a duty to use all means in our power to allay the existing irritations, and prepare the way for the restoration of a friendly intercourse between two nations, whose interests are in many points es sentially united :-- " Therefore resolved, That the Legislature of Mas .sachusetts is affeded with sincere and profound re gret at the late unexpeded and sudden termination of the Correspondence bet ween the American Se cretary of State and Francis James Jackson, his Bri tannic Majesty's Minister, for which they can per ceive no just 'or adequate cause. " Resolved, That it is our anxious wish, that some Means may be.devised, consistent with the ho nour, of the United States, to resume the negocia lions bet ween the two Countries, for obtaining repa ration of real injuries, and to establish peace and amity, so essential to the. interests and happiness of both, upon a permanent basis. " Resolved, That ads of embargoes and non-in tercourse, and the whole system of commercial re straints adopted and contemplated by the late and present Administration,.are impedimmtsto a restor ation of amicable relations with Great. Britain, and have proved in the highest degree pernicious .to the best interests of this country, and especially of this commercial state. That all the predictions of their opponents have been verified—Thit, by the oper ation of these ads; the public Treasury has been drained, and brought to the verge of Bankruptcy— That the commerce of the country has been palsied, and, in a great measure, irrecoverably deStroyed— That the whole of this impotent system has become a subje& of derision with those, it was.intended to coerce, and that its mischiefs have recoiled upon our own country.. ' " Resolved;, That the temporary suspension of these ads afforded demonstration of the means of the United States to pursue .a highly lucrative corn-. „pierce, even under existing embarrassments, and an opportunity which was' gladly embraced by our mer cantile.citizens... That during this 'interval, all our shipping was employed, and 'that. our navigation experienced civility and protedion from the British cruisers, whilst it has .been constantly annoyed by the depredations of France and her all;es. " • . . " Resolved, That all tneagures calculated to pro duce unnecessary hostility witli Great, Biitain, ar all times in - ipolitic and_Contrary to the true interests of • the nation; are at the present crisis peculiarly °l:for tunate, and ought to be discountena Iced by all con stitutianal means—That our countri is defenceless, and our Treasury exhausted-That to' fortify the one, and replenish the other, will require time, economy, and the advantages Of renewed commerce --;-That on the contrary, Great Britain is inaccessi hie; and invulnerable, except in. one of the provinces, "ilie 'conquest. of which, if it could b effe6tcd, would trove a curse, and a scourge to ourselves and our posterity: itisolved, That a -war with Great Britain would inevitably lead to ari alliance with France, and thus furnish to her ambltion the means and the pretexts file organizing, within the United; States,, the mate rials and instruments 'for schemes of future domino:- t ion. These materials unhappily abound in tne north ern frOntier, and in our newly-acquired territory in the south. From suclLa contest, the United States, if unsuccessful, would be compelled to retire with a disgraceful surrender of.the objet-is of the-war ;or if inccessful, by contributing to the downfal of Britain, would be left alone to 'eneounter a power, Wlio; unopposed by- the navy of • - his present enemy, would call into requisition all the-resources and ener • gies-01 our solitary Republic,_ to defend, in doubtful conflial, Our liberties upon our own shores. 7 THE INQUIRY. EIGHTEENTH 'DAY Lieutenant- : General BRpWURIGG was. called in, and examined by the Committee, Did the change, as described in the Meinoran dum;.nOwdelivered in, make any alteration in the original intention, that - the right wing of . the army should proceed,up the West Scheldt, with the least pra&icable delay, to Santvliei i—None, in my Lord ChathiatiPs=tonCepsion or rnide. Suppcsing, theT armament destined to 'ad. against Antwerp had sailed from . the Po wns successively in divisions on the 28th, 29th, and 3041 of July, and that they had arrived al Santvliet, 'allOwing tour days: for their passage, on the ISt, ed, awl 3d- of August, when do you consider the advance of the army night have appeared oefore Antwerp', -find when might the place have been - assa.lited, had 'a recognizance of , the works. and :garrison , justified r such species of attack think, if the armament riestined to, act against Antwerp,had been.as , embled at Santvliet by the 3d of August, which would have been the "71:11' day-after the 'first 'division Sailed from the.llowns, the whole. might have been .I)Jore,the place 'by the Bth; I Mean by the whole, that the heavy artillery also might have b:.en thefe. , Exclusive -of the heaVy artillery, 'if the plaCe had been reported in.a state to admit. of the &defences being stormed, when did you conceive that the ar r .. mament might have been before th e place, with necessary means for sicirmilig , ihe place:?-1 t,hitu that ii - place had .b , :•en reported assailable, an s e?ertion inigl , t have been made for tie troopi, to have arrived by the 6th at night, and that ot course t assanit wouldr have.bcen at,mmedi itely When you state that the ;army might have been before the place on the Bth, the, heavy artillery for a bombardment, is it your opinion that the bunt bardment could have been cOnitnenced on the night ot the .Bth %,--The. bombardment .might have con !mooed the moment the mortars could have been placed in their beds. - Have you'been yourself in the neighbourhood of Antwerp, and when ?—I was at Antwerp 1794...• In what military situation were you at the period you were at Antwerp in ►794 ?—I was Deputy Quarrel ;Master •General to tie British Arnty. Froin yortr recolleatiOn of the ground, and par ticularly of the suburbs of Antwerp, do you con ceive operations . could have beLn commenced against the town without the necessity 'of •breaking ground at a distance and proceeding by regular approaches ? —There is a very considerable suburb on the road leading to Breda, which is the side upon which We '-slroultl . have approached Antwerp; Under cover• of which 12M inclined to think that batteries for can non might have been estOlished within the distance - of six hundred Yards, without regular approaches being made for that purpese.' ' When you:state that the army might have been before Antwerp with .the necessary means : far its 'bombardment upon the, Bth, upon what scale of ord nance is your calculation founded ?=---The propor tion of mortars and guns would have depended upon the judgment of the Officer commanding the Ar lillery and the commanding Engineer ; but I should conceive, as far as my humble ,Judgment goes, that about an equal proportion of tnortars anthguns, and I should have imagined likewise hat about 30 pieces of heavy ordnance would have been as many as our Ineans would ha►e enabled us - to carry up in the time meat toned. What expeation of reducing the town of Ant werp by such an attack as you have now described the British army would have had the means of making, should you have entertained ?- , --I should imagine that by a Vigorous bombardment and can nonade from the number of pikes of ordnaneeT have mentioned, so populous,a' town ,s Antwerp is, and . garrisoned. badly, asTbetieve it then was, might have been speedily intimidated into a sur , render. Might not such an attack upon the town of Ant werp haVe been rnaterOly assisted by the use of the rockets that attended the army ?—I had an •oppor:.. With), .of seeing those rockets 'used at - ; -they certainly are very tremendous in their appear, .ance, and alarm considerably - those against whom they are direCted, and unquestionably would set fire to any combustible substance-they met with.' Supposing the town of Antwerp in the - possession of the British army,. would it, in your judgment, ,have been practicable under the protection of the houses: to have taken means for destroying the arse nals and the ships of war building on the slips at Antwerp, notwithstanding any opposition that could be, reasonably expected from the Citadel ?—We could only have possessed ourselveS of a part of Atityierp, that part which was under the imine diankinfluence of. the citadel, of course, we could not hate possessed ; but I do conceive that under cover of the buildings we :might have established 'guns that would have : borne upon the ships. on the , stocks and the, arsenal, which in obability would have succeeded in destroying the greatest part of. thew ; when once a conflagration took place, it is 1 ,,,,t0.be presumed it woUld, have spread, Supposing the communication between the toy,. and arsenal'tb be•open, 'would it not have been prde ticable 2t night, 'without c:, - posing the troops - tai ctov very-serious injury from he fire .of the Citadel, .to have carried all description of mah"; ials tor se+ti fire to theships, and - to haire applied them'etli - ally for that purpose understand that the an,t: nal is surrounded by a wal4; and theretbre I do corn, ceive it.tVould. have been diffictilt: to have- deStnlyed it by . those means ; I think the on ly .chatice. we had of destroying it was howitz3l;s, shell, and rockets; I doubt whether :lye should htiVe been able to have approached itso:near as to have-done it by 'hand. If.the wall to which you allude is a wall noterea ed for purposes of defence, but so prevent pillage.of the materials in the , irsenal, could there have 1-eer' any - difficulty by, the tire" ot "artilltry in opening" t hat wall so as to give to the troops .a free access to the ar senal ?-I\lo doubt _artillery will destroy any . briel-. Wall or moderately stone wall ; but I think the ob ea might have been effeeled without having reVoqrse to those means: After several questions respeeling the • state .of Antwerp, the following Were put Upon the whole, did you consider the foWn or Antwerp as a respectable, fortification; (was a larg6, populous city, with a rativart,and ditch, which had irr in a military sense, fallen into neglect 1.—.-Certainly in the state I saw intl,vip it could not lie called a re4peatable fortification,' tar from it. Supposing, the artny had continued in, health, do you conceive that the disembarkation of the army Might have been effeted on the loth of Atigust, near Sanvhet, witliout prejudice to: its _safety from any fotce.the enemy. might have brought against , it iii the field do think, and .inleeci I am surei : that if the army had been in a state to have aete.l against the enerny 'on the •511 i 'of August, it would have beeniatided, and .1 - ,shoUld not have bll..erLapp•tehetti• sire That the softy of it would hive been •risked. Are you of of,inion i or have you reason to know, that -if the.arroy had then been' in a he'ali!.yrstate - , it .would„have been.the &termination of the Chtnnian aer in Chief to 1:-.nd the array,; with a.view to open the Scheldt by the redut'.tion of 1;,110 and Lletken ghoeik, if Sir: It'thard 'St fac . hati'had - reouired such an ail from the.army haVe.:no - xloubt•but that such an. attempt - would have been .made. •With•what prospe:-t of success do you conceive thal - such• an attempt might have been itlacie, upon the 25 . 11, supposing, the army ..had been then in completely et - iciive state r -mud in perteti health eckoning confileritly, as't do, upri Oie - g(l,7llni:try and spirit, of entefOxize :of :the navy avid amily, entertain'a sangoir k e that, we ttn..;l“ iitive'!ltc ceo:led.in taking Liel4tetishoeik . an,.l kobaal L 11cr, which would have peened the SCheldi•tor the navi, .and - might have led to iinpat tan: (7641Se(Iti.'inCer.. What was plat : °Onion'. pt to":•,avti,ig., as ttr . thL , probal iloy. of iliesucce, ot ac corting to the d and the in-. -T, (7 , SilEii(.nt. ol' the'obje!:ts of the ;:pp • •IC ! Sl to tne to be. from toe al.d..t:-,lll),:de pellded,tv on )•!- t' e ‘vithr, q i ) .` have enabled i_l6 !to , ":: StThe.io uy ;b, • 1 lon • of. opildinn, .eti • io on( • 'llosse. , ,sion,. and Nl: s e h d of .theta•wouln . v.,!ty .4tir Bf,t Cl of success, `,lo'whai .doyou principally attribute 1, :!• 1, P Loped,failure ot iktitwerp .sider . the untoitunate wh ch the'. whOle armament to. base b. cn ,i.ls•ieinoed in .the• - : Il:,Ornpot, NS fatal to t ulterior objects of p: dttiota ; at d I roust • conclude, that it vk ould.tho t have been hadrecouhe to had theintri: tie cs of Sihuigh been belote We 'for from the prevalence Of 'the' south-w:st 'after Out arrival off the c9,1t.0t . ZeAanct, it hi cause ',iinprA6ticable, to move the „transport s', tound 118 ' north r We4 s . :(l,z• of Walcheren, by which the origir nal intention to carry .the foice destined io ocetit 6 - - - .e0. - ainst Antwerp up the- Schddt • ~„ 'so that an Operatinn which alight, : have. been 'formed in four or five days, from the. DoWns, lengthened to ..thrpe .wieks.,. that time hat jay bee t. n` 'occupied in pfissing_all the transports tiontd,•AhrOugh . the Slough, .a distance of only` 1 • n;iles ; ,,and I .would.beg. leave. fUrther to.add, tb' t • it is gkehtly to be lamented that- the right. vvirog the army, destined to,act a.gainst AotVsTeiß, .had W. 1 - been led at once from the Do . wns, into. the NYiel' o Passage, when the.,possession of Cadsdnd, lafb entry into the West Scheldt, would been secured, thus leaving the let wing of a l army .allotted to reduce the 4stand of Wakberen to itself. t i Supposing the arthament had . been 'ass , aibl (l. ` i Santvliet in tiie beginning of the month of ti.u,g4 sf instead of at the close of that m on th, w h a t pro-p°'t are you now of opinion, would there then ft i% , isted of - ultimate suck es.i ?-1 think I nay:: ait-tOlf FY I 'said, that if arma:nelit 41 arrived 'at S,uitt • • ir by the 3d of August, would have then a ' .prospect of success, in tuy opinion. [l'u be cunlinued.l BiR Oni the 9th inst. at I)onegal.l-louse, the Nhuchiones' o - Donegal, ot a Son. • 1 - On the 16th inst. the Lady of Sir John Prhv,le, of .5 z!tc* . ` Scotland . , ot a , .;on and • On Titurschty, at 6161 , 111411, the Lady of the City 1201 , ' ; '' 'brtncer, ot a Sun, futi r cto ' • D I It U. , , , 11, On Saturday last, at Cier::enwell, aftsr sufli;l Mg tor izi years the most severe atihciwn, ,%.1 rs. Gotlso,k, Milk , “' \ , Thomas Godson. nt' TO On Tuesday mornint,, at King's ChiFe, in the ernt , "7, l o Northampton, tile Rev,. Henry Keg Bonney, I , ..yeturnof Parish, and of 'Gretfold, also Prebendaryor,Ltncolii. ,jd On Wednesday rribrning last, at' his tone at j ‘klo° u , n° :l Bridge, Essex, Leonard litiinArd, Esq. aster 'a lung a n" vere illness. • s . qt. On Thursdays morning carll',.:it., his apartrnents ,in 'Strand, lames Ephratin Lukr'Neilsdn, ,• Lately; at . W.) beito;., ne.tr Boston, 'Linx:ohrshirei , 4: 37 0 Sheath, ‘vite.Of the Rey. ftlartin SheattL ) ot that. piaat eldest daughter of the late Cra,:rner Kenrick, Esq. eR cut .STOCKS YESTERDAY. ... Bank Stock, shut " India Stock, shut ,Navy s pei Lent; igg 1 India Bonds, 12s. i3s. Pr; pc. Irish i per Gent:;,:siatit i • iixobeqUet Bills, 3s• f,° s ll, 4 per Ucnt.- Ow ~ Itnpertali,3 per Cent. ?ry •Tper Cent. iz.d. shut' - . India for ALL.. 181 i, Q ,it - - ;11pr Cent: Con. 6!i ii i . ' Colas; for i tat April, ° 9 t' .• Will:. L. Arin`siint , • ..:0' ,~ ,